Government Contracts & Procurement

The Biggest Business

The cornerstone of Lashly & Baer is experience. For years we have counseled clients in contract and procurement matters affecting public entities. We have been involved in the preparation, negotiation, and review of all varieties of contracts, leases, public bidding and purchasing documents.

We advise both public sector and private clients on governmental purchasing policies, bid and proposal preparation, negotiation regarding procurements, sealed bids, requests for proposals, requests for qualifications, protests, administration of government contracts after award, adequacy of contract performance, satisfaction of contract requirements and remedies for breach.

Lashly & Baer has represented public sector and private clients in arbitration, mediation, and litigation in state and federal courts among developers, owners, contractors, vendors, consultants, sub-contractors, sureties, architects, engineers, construction managers, funding agencies and public interest organizations.

Related practice areas:

• Business & Corporate
• General Business
  

We regularly handle the following legal issues for our clients:

• Administration and adequacy of contracts after award and remedies for breach
• Arbitration and litigation among public agencies and vendors, sureties, and consultants
• Bid protests and mistakes in bids
• Bidder responsiveness and responsibility
• Buy America and Buy Missouri
• Compliance with bid specifications
• Compliance with challenges, and defenses to small business/disadvantaged business status
• Compliance with Disadvantaged Business Enterprises/Minority Business Enterprises/Women Business Enterprises programs
• Compliance with government procurement law
• Conflicts between state and federal law
• Defective specifications
• Defenses to contract awards
• "Design-build" and "Turnkey" projects
• Disputes arising out of prime/subcontractor relationships
• Emergency procurements
• Fraud claims
• Negotiation and drafting of contracts, including government contracts and subcontracts
• Open competitive bidding
• Payment for changed conditions
• Performance and payment bond requirements
• Prevailing wage requirements
• Privatization requirements
• Prompt pay acts
• Protection of technical data rights and intellectual property
• Public bid and proposal preparation and amendment
• Requests for proposal and qualifications
• Role of construction manager
• Sales tax exemptions
• Sealed bids
• Sureties and consultants
• Suspension or debarment
• Tax-exempt purchase of construction materials
• Termination for convenience
• Waiver of technical requirements